Al-Marri v. Wright
Brief Details
- Case No.: 06-7427
- Brief Filed: December 19, 2006
- Jurisdiction: 4th Circuit Court of Appeals
Key Topics in the Brief
Briefs
Argument(s)
Congress intended to bar habeas petitions only from aliens subject to Combatant Status Review Tribunal (CSRT) determinations. The government’s contrary construction is inconsistent with the structure and language of the statutes and the legislative history and canons of statutory interpretation. Because the government has no authority to detain Al-Marri or subject him to a CSRT, he is not “awaiting determination.” The government’s inconsistent and abusive conduct of previous enemy combatant detentions demonstrates the importance of judicial review.
Author(s)
Timothy J. Finn, Julia E. McEvoy and Katherine E. Stern, Jones Day.
